1951-02-20 Regular CC Minutes1
REGULAR MEETING OF THE COUNCTL OF THE CITY OF ALAMEDA
HELD TUESDAY EVENING, FEBRUARY 20, 1951
The meeting convened at 8:00 o'clock P. M. with President Branscheid presiding.
ROLL CALL:
The roll was called and Councilmen Anderson, Jones, Osborn, Sweeney and Presi-
dent Branscheid, (5), were noted present. Absent: None.
MINUTE :
1. The minutes of the regular meeting held February 6, 1951, were approved as
transcribed.
WRITTEN COYMUITTCATICITS:
2. From the City of Alameda Rent Advisory Board, submitting its resolution to the
effect that the Board is unanimous in its opposition to any action decontrolling
rents and requests the Council to consider the matter of extending Federal Rent Con-
trol beyond the March 31, 1951 deadline, recently passed by the 82nd Congress.
President Branscheid commented on this matter, stating that as yet the City has re-
ceived no indication as to what the Federal Government is going to do about rent
control. He stated that whatever action might be taken will have to be studied by
the City and he would, therefore, suggest the matter be referred to the Committee
of the Whole for consideration whenever information is available.
A motion incorporating this suggestion was made by Councilman Jones, seconded by
Councilman Osborn and unanimously carried.
3; A letter was read from Mary L. Piatt, requesting the Council to continue rent
control.
The communication was ordered filed.
4 From the Public Administration Service, informing the Council the reports on
its survey will be presented at the meeting to be held March 20.
The communication was ordered filed.
ORAL COMMUNICATIONS:
5. Mr. Frank Gottstein asked about the removal of the Southern Pacific Company
tracks on Lincoln Avenue.
In response to an inquiry from President Branscheid, Mr. Whitney stated he had re-
ceived a letter from the Southern Pacific. Company informing him that Mr. Fowles is
out of San Francisco and will not return until February 26, at which time, Mr.
Whitney's letter will be presented to Mr. Fowles with a request for a reply.
Yr. Gottstein again nroposed a revocation of the spur track permits or the levying
of a charge of at least 10,000. per month against the Southern Pacific Company for
the use of the street.
President Branscheid inquired of Mr. Whitney if anything could be done legally
about the situation and the City Attorney replied with the suggestion that the
Council is already informed as to the legal difficulties in connection with this
matter - and pointed out there wo ld be no purpose in discussing the matter at
this tire.
He stated. he is watching the situation to see what is going to happen as a result
of the negotiations now going on.
Councilman Osborn asked Mr. Whitney if it would be possible to levy a rental fee of
c)10,000. per month as suggested by Mr. Gottstein - and the City Attorney stated he
could not give an opinion at this time
Councilman Osborn requested Mr. Whitney to look into this situation and be prepared
to make a report on it at the next meeting of the Council.
OPENING 07 BIDS:
6. Bids were submitted and read for the project of constructing a Civil Defense
Telephone Cable Conduit at various locations between the Alameda City Hall and the
Franklin Park Control Center, in accordance with Specifications, Special Provisions
and Flans therefor, No. PW 2-51-1, as follows:
From Underground Construction Co.
Accompanied by a proposal bond
From McGuire and Hester
Accompanied by a proposal bond.
From Engineers Limited Pipeline Co.
Accompanied by a proposal bond
From F. R. Archibald
Accompanied by a proposal bond
The bids were referred to the City Manager and City Engineer for study and report.
REPORTS OF COMMITTEES:
$ 7,115.30
7,721.70
11,777.65
5,213.55
7: From the City Tanager, recommending that two members of the Engineering De-
partment - Charles A. Woolridge, Jr. Civil Engineer, and Coral T. Larson, Engineer-
ing Street Inspector, - be authorized to attend certain courses to be given by the
Institute of Transportation and Traffic Engineering, at San Francisco, and $36. be
appropriated for this purpose. Also, that the men be granted permission to use a
City automobile.
Councilman Jones moved the City Manager's recommendation be approved; that the
designated members of the Engineering Department be authorized to attend these
courses and 36. be appropriated for their expenses and that they be permitted to
use a City car. The motion was seconded by Councilman Osborn and on roll call
carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney
and President Branscheid, (5). Noes None. Absent: Hone.
a. From the City Manager, recommending that contract be awarded to Morris Landy
Motors for furnishing ten new, 1951-model Two-Door Sedans for the Police Department
at the bid price of $8,960.77.
Councilman Sweeney moved the City Manager's recommendation be adopted; that contract
be awarded to the specified firm and the check be returned to the unsuccessful bid-
der. The motion was seconded by Councilman Osborn and on roll call carried by the
following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President
Branscheid, (5). Noes: Eone. Absent: Lone.
911 From the City Manager, recommending that Dr. David Frost be authorized to
attend the Third Institute on Mental Health, conducted by the Texas State Depart-
ment of Public Health at Austin, Texas - from April 9, through,April 12, 1951.
The expenses incurred by him will be borne by the Texas State Department of Public
Health.
Councilman Osborn stated it seemed to him that the invitation to Dr. Frost to attend
this Conference as a member of the consulting staff is a compliment to the City of
Alameda - pointing out that Dr. Frost has been recognized in the field of mental
health for the third time - the preceding two states which had extended invitations
being New York and Utah. He thereupon moved that Dr. Frost be permitted to attend
the designated Institute for the period specified. The, motion was seconded by Coun-
cilman Sweeney and unanimously carried.
10. From the City Manager, recommending that contract be awarded to Herbert M.
Watson, for furnishing eleven Pack Sets, Link Model #2295 or Equal, 6. AC Power
Supply Units and 6 Extra Tubes for the Civil Defense Department, at the bid price
of 4,114.85.
Councilman Anderson moved the City Manager's recommendation be adopted; that con-
tract be awarded to Mr. Watson for furnishing these items and the bid check be re-
turned to the unsuccessful bidder. The motion was seconded by Councilman Jones and
on roll call carried by the following vote, to-wit: Ayes: Councilmen Anderson,
Jones, Osborn, Sweeney and President Branscheid, (5). roes: None. Absent: None.
11. From the City Planning Board, recommending the acceptance from Ernest Higgins,
Arborist, of a "Dawn" Redwood tree for planting in Franklin Park on Arbor Day,
March 7.
Councilman Jones moved the Planning Board's recommendation be followed and arrange-
ments be made with the School Department for a proper observance of Arbor Day. The
motion was seconded by Councilman Osborn and unanimously carried.
President Branscheid explained how this matter came about and stated he felt it was
quite appropriate to have a tree planted on Arbor Day and the planting of this par-
ticular tree would be a fine addition to the City Park.
12. From the City Manager, recommending that contract be awarded to Pioneer Rubber
Mills, for furnishing certain fire hose for Civil Defense, at the bid price of
3,259.36.
Councilman Anderson moved the City Uanager's recommendation be approved; that con-
tract be awarded to this firm for supplying the fire hose and the bid check be re-
turned to the unsuccessful bidder. The motion was seconded by Councilman Osborn
and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones,
Osborn, Sweeney and President Branscheid, (5). Noes: 7one. Absent: Tone.
UNFINISHED BUS INE
v'
13. The matter was presented concerning the approval of the Tentative Map of Tract
No. 1085 - lying East of Fernside Boulevard and North of Briggs Avenue - the pro-
posed subdivision being developed by George T. Hansen.
City Engineer Maynard reported on this matter, stating the Tentative Map has been
amended to show an access way of 20 feet to the shoreline as a portion of Briggs
Avenue, extended, and that Mr. Hansen, the subdivider, is agreeable to this change by
the Council. He stated the maps have been, so amended and are now ready to be approved.
Councilman Anderson moved the Tentative Map of Tract 1:e. 1085, as amended, be ap-
proved. The motion was seconded by Councilman Sweeney and unanimously carried.
14. The matter was submitted with regard to the recommendation of the City Planning
Board that a certain area known as "Neptune Cottage Court" be reclassified from the
"A" One-Family Dwelling District, to the "C" Multiple Dwelling District.
Councilman Jones inquired if the applicant in this matter were present to explain
the situation to the Council.
Nobody being present, Councilman Jones moved the Clerk be instructed to notify the
applicant to appear before the Council at its next meeting for interrogation with
regard to the proposed reclassification. The motion was seconded by Councilman
Osborn.
President Branscheid asked the City Attorney if this were in order or whether it
should not be referred back to the Planning Board,
Yr. Whitney stated the Council has the nower to request an applicant to explain his
petition.
The question was then nut and the motion was unanimously carried.
NEW BUSINESS:
15Y President Branscheid stated the Council has under consideration the matter of
getting a Flag Day program lined up and he thereupon appointed Councilman Sweeney
as Chairman of the Flag Day Observance, with power to call for such assistance as
needed or desired.
Councilman Sweeney thanked the Mayor for the appointment and stated he would do his
utmost to have a fitting observance of this very important day.
16:/ Councilman Sweeney stated he had one point in connection with the Southern Pa-
cific matter to present, namely: He had been informed that when the Southern Paci-
fic Company was granted a franchise to operate along Lincoln Avenue, it was a fran-
chise permitting only one track. He remarked that now, of course, there are two
tracks on Lincoln Avenue and wondered if it would not be possible to have the City
Attorney look into that situation and rerort as to whether or not this places the
Southern Pacific Company in a difficult situation so far as its present operations
are concerned.
The City Attorney stated it makes no difference whether there is one track or six
tracks, the Company's right to operate was gone. He stated, further, the Southern
Pacific Company is an interstate carrier and before the service along Lincoln Avetme
can be abandoned, by the Company, it must have approval by the Interstate Commerce
Commission - which, he stated, was a long and expensive Proceeding.
Councilman Sweeney suggested fir. Gottstein might have something in the suggestion
for the revocation of spur track permits.
Councilman Jones suggested that by imposing a fee or charge on them it might bring
about a more speedy settlement of the question. He remarked it might be possible to
say to the Southern Pacific Company that the City is going to require a payment from
the Company because of the fact that it is using tlee street and It will be subject
to a fine for every day it operates and every day the tracks are left in Lincoln
Avenue. Councilman Jones inquired if this would be practicable.
Fr. Whitney answered that, as a curbstone opinion, he would say that whereas the
Southern Pacific Company is subject to the jurisdiction of the Interstate Commerce
Commission, it cannot quit operating without authority of the Interstate Commerce
Commission.
Councilman Osborn suggested that this fee be c l_ed a charge or rental.
Mr. Whitney stated he felt the danger there might be that it could be construed a
franchise if the City were to exact a rental. He stated that, in his opinion, the
only action could be one for damages.
Councilman Jones stated he would like to ask the City Attorney to exnlore all
possibilities in this situation and renort back to the Connell at its next meeting.
7r. Gottstein suggested the Council should communicate with the Interstate Commerce
Commission and inquire if it has anything to do with an expired franchise.
RESOLUTIONS:
17. The following resolution was introduced by Councilman Osborn, who moved its
adoption:
"Resolution Yo. 4319
Calling General 1,unicipal Election to be Held in
the City of Alameda on March 13, 1951; Fixing the
Number of Election Officers on the Board of Elec-
tion for Each Precinct; and Fixing Compensation
of Election Cfficers."
The motion to adopt said resolution was seconded by Councilman Sweeney and on roll
call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn,
Sweeney and President Branscheid, (5). Hoes: rone. Absent: None. Thereupon
the President declared said resolution duly adopted and passed.
18. The following resolution was introduced by Councilman Osborn, who moved its
adoption:
"Resolution No. 4320
Resolution of the Council of the City of Alameda
Establishing Election Precincts, Designating
Polling Places Therefor and Naming Officers of
Election for Each Precinct for the General
Municipal Election to be Held on Tuesday, March
13, 1951."
The motion to adopt said resolution was seconded by Councilman Anderson, and on
roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn,
Sweeney and President Branscheid, (5). roes: None. Absent: None. Thereupon the
President declared said resolution duly adopted and passed.
ORDINANCES FOR PASSAGE:
19.
"Ordinance No. 1017,
New Series
An Ordinance Calling a Special Municipal Bond Election in the
City of Alameda for the Purpose of Submitting to the Electors
of Said City the Measure of Incurring a Bonded Indebtedness of
Said City for the Acquisition, Construction and Completion of
the Following Municipal Improvement, to wit Municipal Sewage
System Improvement: Declaring the Estimated Cost of Said Muni-
cipal Improvement, the Amount of the Principal of Said Indebted-
ness to be Incurred Therefor, and the Maximum Rate of Interest
to be Paid Thereon; Making Provision for the Levy and Collec-
tion of Taxes; Fixing the Date of Said Election, the Manner of
Holding the Same, Providing for Notice Thereof, and Consolidat-
ing Said Special Municipal Bond Election with the General Muni-
cipal Election to be Held on March 13, 1951.
WHEREAS, the Council of the City of Alameda, by resolution duly passed
and adopted by affirmative vote of more than two-thirds of all of its members,
did determine that the public interest and necessity demand the acquisition,
construction and completion of the municipal improvement hereinafter mentioned,
and did further determine that the cost of said proposed municipal improvement
will be too great to be paid out of the ordinary annual income and revenue of
said municipality, and that said municipal improvement will require an expen-
diture greater than the amount allowed therefor by the annual tax levy and will
require the incurring of a bonded indebtedness therefor, which resolution was
duly entered on the minutes of said meeting of said Council, and is now on file
and of record in the Clerk's office of said City; now, therefore,
"BE IT ORDATITED BY THE COUNCIL OF THE CITY 07 ALAMEDA:
Section 1. A special municipal bond election be and is hereby ordered and
will be held in said City of Alameda on TUESDAY, the 13th day of MARCH, 1951,
at which election shall be submitted to the qualified electors of said City the
question of incurring a bonded indebtedness of said City for the object
and purpose set forth in the following measure, to wit:
MEASURE; Shall the City of Alameda incur a bonded
Indebtedness in the principal amount of
(Municipal Sewage ,?1,16o,000. for the acquisition, construe-
System Tmprovement)tion and completion of the following
municipal improvement, to wit:
Improvement of the municipal sewage system, including separa-
tion of storm water and sanitary sewer systems, connection of
sanitary sewer system to East Bay municipal Utility District
Alameda Interceptor, new storm water and sanitary sewer lateral
and main lines, reconnection of existing sewer lines, pumps,
pipes, manholes, catch basins, connections, equipment, lands,
easements, rights of way and other works, property or structures
necessary or convenient for the improvement of the municipal
sewage system of the City of Alameda?
The estimated cost of the municipal improvement set forth in said measure
is the sun of ,:;31,276,000. and the amount of the indebtedness proposed to
be incurred for said municipal improvement is the sum of 1,160,000.
Said estimated cost of the municipal improvement set forth in said
measure is an estimate of the maximum sum necessary to complete said im-
provement as a whole. It is contemplated by the Council that the dif-
ference between said estimated cost and the amount of the indebtedness
proposed to be incurred therefor will be made up from moneys granted or
to be granted by the State of California for said purposes, but the Coun-
cil reserves the right, in its discretion, if any of such moneys over and
above the amount to be realized from the proceeds of the sale of said
bonds are not available for said municipal improvement to reduce the es-
timated cost of said municipal improvement to the actual amount to be
realized from the proceeds of sale of said bonds together with other
funds of said City actually available for said improvement, and said
maximum estimated cost herein set forth shall not be deemed to consti-
tute a limitation or condition upon the issuance of any of the bonds
or a restriction upon the amount of the indebtedness proposed to be
incurred for said municipal improvement.
Section 2. The said Council does hereby submit to the qualified
electors of said City of Alameda at said special municipal bond election
the said measure set forth in Section 1 of this ordinance, and desig-.
nates and refers to said measure in the form of ballot hereinafter pre-
scribed for use at said election.
(a) Said special municipal bond election shall be held and con-
ducted, and the votes thereof canvassed, and the returns thereof made,
and the result thereof ascertained and determined as herein provided;
and in all particulars not prescribed by this ordinance, said election
shall be held as provided by law for the holding of municipal elections
in said City.
(b) All persons qualified to vote at municipal elections in said
City of Alameda upon the date of the election herein provided for shall
be qualified to vote upon the measure submitted at said special munici-
pal bond election.
(c) The polls at the polling places hereinafter designated shall
be opened at seven o'clock a. m. of said day of election and shall be
kept open continuously thereafter until seven o'clock P. N. of said day
of election, when the polls shall be closed (except as provided in Sec-
tion 5734 of the Elections Code), and the election officers shall there-
upon proceed to canvass the ballots cast thereat.
(d) Said special municipal bond election hereby called shall be
and is hereby consolidated with the General Municipal Election to be
held in said City of Alameda on hiarch 13, 1951, all as required by and
pursuant to law; and the election precincts, polling places and officers
of election within said City of Alameda for said special municipal bond
election hereby called shall be the same as those selected and desig-
nated by the Council of the City of Alameda for said General Municipal
Election by its Resolution No. 4320, entitled: "RESOLUTION OF THE
COUNCIL 01 7-IE CITY 02 ALAMEDA ESTABLISHING ELECTION PRECINCTS, DESIG-
NATING POLLING PLACES THEREFOR AND NAMING OFFICERS OF ELECTION FOR
EACH PRECINCT FOR GENERAL YUNICIPAL ELECTION TO DE HELD ON, TUESDAY,
I:ARCH 13, 1951", passed and adopted on February 20, 1951, to which
resolution reference is hereby snecifically made for a designation of
the precincts, polling places and officers of the special municipal
bond election hereby called.
(e) Only one form of ballot shall be used at said General Lunicipal
Election and said special municipal bond election hereby consolidated
6
therewith, which, in addition to all other matters required by law to be
printed thereon, shall state the measure set forth in Section 1 hereof.
Each voter, to vote for the measure hereby submitted and for incurring
said bonded indebtedness set forth in said measure shall stamp a cross
(X) in the blank space opposite the word "YES" on the ballot to the right
of said measure, and to vote against said_measure and against incurring
said indebtedness shall stamp a cross (X) in the blank space opposite the
work "NO" on the ballot to the right of said measure. On absent voters'
ballots the cross (X) may be marked with pen or pencil.
(f) The returns of said election shall be made out and signed by
the election officers and shall be by them deposited with the City Clerk,
together with the ballots cast at said election; and this Council shall
meet at its usual meeting place and canvass said returns on Tuesday, the
20th day of March, 1951 (being the first Tuesday after said special muni-
cipal bond election and the date of the first regular meeting of the
Council following said General Municipal Election) at the hour of eight
o'clock P. Y., and declare the result of said special municipal bond
election and the result of said General Municipal Election.
Section 3. Said Council proposes to issue and sell bonds of said
City of Alameda in the amount and for the object and purpose specified
in said measure if two-thirds of the qualified electors voting on such
measure at said special municipal bond election shall vote in favor of
said measure. Said bonds shall be negotiable in form and of the charac-
ter known as serial, and shall bear interest at a rate not to exceed
five (5) per cent per annum, payable semi-annually; provided that said
bonds may be issued and sold in accordance with law as the Council may
determine, and either at a premium or on the basis of the lowest net
interest cost to said City, but in no event for less than the par value
thereof and accrued interest to date of delivery. Provision is hereby
made for the payment of the principal of and interest on said bonds as
follows: The Council of the City of Alameda shall, at the time of fix-
ing the general tax levy and in the manner for such general tax levy
provided, levy and collect annually each year until said bonds are paid,
or until there shall be a sum in the treasury of said City set apart for
that purpose to meet all sums coming due for principal and interest on
such bonds, a tax sufficient to pay the annual interest on such bonds as
the same becomes due, and also such part of the principal thereof as
shall become due before the proceeds of a tax levied at the time for
making the next general tax levy can be made available for the payment
of such principal. Said tax shall be in addition to all other taxes
levied for municipal purposes, and shall be collected at the same time
and in the same manner as other municipal taxes are collected and be
used for no other purpose than the payment of said bonds and accruing
interest.
Section 4. The City Clerk of the City of Alameda is hereby di-
rected, upon the passage and adontion of this ordinance, to publish
the same once a day for seven (7) days in THE ATANEDA TTI:=ES-STAR, which
is a newspaper of general circulation published at lease six (6) days a
week in said City of Alameda, and such publication shall constitute
notice of said election. No other notice of the election hereby called
need be given.
Section 5. This ordinance shall be forthwith entered upon the
minutes of this Council and in the Ordinance Book of said City. This
ordinance, being an ordinance calling and ordering an election, shall
take effect from and after its final passage and approval.
PAS= AND ADOBED this 20th day of February, 1951, by the
following vote:
AYES: Councilmen Anderson, Jones, Osborn, Sweeney and President
Branscheid, (5).
None.
NOES
ABSENT: None.
W. J. BRAITSCHEID
Mayor of .the City of ,Alameda California
ATTEST:
J. P. CLARK
City Clerk"
Councilman Anderson moved the ordinance be adopted as read. The motion was
seconded by Councilman Jones and on roll call carried by the following vote.
Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5).
Noes: None. Absent: None.
20. "Ordinance No. 1018,
New Series
An Ordinance Amending the Alameda Municipal Code by
Adding Subdivision (30) to Section 17-432 Thereof,
:-elating to Stop Intersections."
Councilman Osborn moved the ordinance be adopted as read. The motion was seconded
by Councilman Jones and on roll call carried by the following vote. Ayes: Coun-
cilmen Anderson, Jones, Osborn, Sweeney and President 3ranscheld, (5). Noes:
None. Absent: None.
BILLS:
21. An itemized List of Claims against the City of Alameda and the several depart-
ments thereof, in the total amounts as follows, was presented to the Council at
this meeting: General Departments, c,10,178.22; Police Department, "2,718.96;
Fire Department, 1,295.92; Street Department, 3,410.77;
Health Department,
,171.96; First Aid. Department, ',-',23.65; Recreation Department, :,1,035.75;
Park Department, c1,247.22; Golf Course Department, 1,691.80; Social Service
Department, ,,67.98; Parking rieters, 1.30; Pound Department, ,;125.76;
Store Department, 606.88; Civil Service Department, c18.75; East,Day
runicinal Utility District Fund, ;,;2,031.08; Capital Outlays Fund, ',15.;
Gas Tax No. 1 Fund, 76.26; Gas Tax No. 2 Fund, 101.71; Engineering Depart-
ment Deposit Fund, 2,260.28; Traffic Safety Fund, 3,526.19; Civil Defense
Fund, 022.59.
Councilman Jones moved the bills as itemized in the List of Claims filed in the
office of the City Clerk on February 20, 1951, and submitted to the Council at
this time, be allowed and paid. The motion was seconded by Councilman Osborn
and on roll call carried by the following vote. Ayes: Councilmen Anderson,
Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent:
None.
ADJOUR.NT7ENT:
22. There being no further business to come before the meeting, the Council
adjourned - to assemble in regular session on Tuesday evening, March 6, 1951, at
8:00 o'clock.
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